28 February 2024

The rules under which a Ukrainian citizen with permanent residence in Poland can inherit

On 19 February 2024, the Supreme Court received a legal question (case III CZP 11/24) as to whether a Ukrainian citizen with permanent residence in Poland can inherit under Ukrainian law.

The case originally involved a CJEU judgment (C-21/22) which ruled that EU law does not prohibit the exclusion, on the basis of a bilateral agreement between states, of the application of the law of the country of origin of a foreigner from a non-EU state.

Now, on the basis of the CJEU judgment, the Supreme Court is to decide whether the provisions of the Agreement of 24 May 1993 on Legal Assistance and Legal Relations in Civil and Criminal Matters allow a Ukrainian citizen living on Polish territory to choose the law applicable to the inheritance.

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